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My wife is the only daughter and she had 4 brothers but now only 3 are alive. She also has mother who is alive now. Kindly advise how the property between brothers and sister and mother to be divided. Also want to clarify that all the property is currently in her mother’s name as same done by father before he passed away. Additional Info as asked: My wife’s brother passed away before his father. The property was in mother’s name only for paper work. And my father in law was having complete hold on property and it was from his sole earnings he managed to built that property.

Answered according to Hanafi Fiqh by Darulifta-Deoband.com
My wife is the only daughter and she had 4 brothers but now only 3 are alive. She also has mother who is alive now. Kindly advise how the property between brothers and sister and mother to be divided. Also want to clarify that all the property is currently in her mother’s name as same done by father before he passed away. Additional Info as asked: My wife’s brother passed away before his father. The property was in mother’s name only for paper work. And my father in law was having complete hold on property and it was from his sole earnings he managed to built that property.

Answer

(Fatwa: 1859/1859/M=1432)

In the case mentioned above, after paying the due rights preceding inheritance, the property of your late father-in-law will be distributed in 8 shares; out of which mother will get 1 share, each brother will get 2 shares while your wife will receive one share. The detail is as follows:

Mother (wife of the deceased): 1×1= 1 share
3 Brothers (sons of the deceased): 3×2= 6 shares
Your wife (daughter of the deceased): 1×1= 1 share
Total: 8 shares

Allah (Subhana Wa Ta’ala) knows Best

Darul Ifta,
Darul Uloom Deoband

This answer was collected from the official ifta website of Darul Uloom Deoband in India.

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